[Adopted 3-1-1973 as Arts. I and II of Ch. 22 of the 1973
Code]
This article shall be known as "The Hawking,
Vending, Soliciting and Peddling Ordinance" of the City.
The words "hawker, vendor, solicitor and peddler,"
as used in this article, shall include any person, whether a resident
of the City or not, traveling by foot, wagon, automotive vehicle,
or any other type of conveyance, from place to place, from house to
house, or from street to street, carrying, conveying or transporting
goods, wares, merchandise, meats, fish, clams, oysters, poultry, vegetables,
fruits, garden truck, farm products or provisions, offering and exposing
the same for sale, or making sales and delivering articles to purchasers,
or who, without traveling from place to place, shall sell or offer
the same for sale from a wagon, automotive vehicle, railroad car,
or other vehicle or conveyance, or by telephone.
It shall be unlawful for any hawker, vendor,
solicitor or peddler licensed under this article, or any person on
his behalf, to shout, make any outcry, blow a horn, ring a bell, use
any sound device or any loudspeaker, including any loud-speaking radio
or sound-amplifying system, upon any of the streets, alleys, parks
or other public places of the City or upon any private premises in
the City where the sound is sufficient to be capable of being plainly
heard upon the streets, avenues, alleys, parks or other public places,
for the purpose of attracting attention to any goods, wares or merchandise
which such licensee proposes to sell.
It shall be unlawful for any hawker, vendor,
solicitor or peddler licensed under this article to have any exclusive
right to any location in the public streets, or to be permitted a
stationary location, or to be permitted to operate in any congested
area where his/her operations might impede or inconvenience the public.
Junk dealers regulated by this Code are expressly
excepted from the provisions of this article.
The City Council shall provide for the enforcement
of the provisions of this article. The designated official or any
other person authorized by the City Council shall have the right to
enter upon any premises used as mentioned in this article at all reasonable
times for the purpose of inspection and enforcement of this article.
It shall be unlawful for any person to engage,
conduct, manage, operate or cause to be conducted, managed or operated
within the limits of the City, the business of hawker, vendor, solicitor
or peddler without first obtaining a license from the City Council
as provided in this article.
Any person desiring to procure a license as
provided in this article shall file with the City Clerk or the Mayor
an application in duplicate in writing on a form to be furnished by
the City Clerk or the Mayor which shall give the following information:
A.
Name and description of the applicant.
B.
Address (legal and local).
C.
A brief description of the nature of the business
and the goods to be sold and in the case of farm products, whether
produced or grown by the applicant.
D.
If employed, the name and address of the employer
and a statement of the exact relationship.
E.
The duration of time for which the right to do business
is desired.
F.
If a vehicle is to be used, a description of the same
together with the license number or other means of identification.
G.
A statement as to whether or not the applicant has
been convicted of any crime, misdemeanor or violation of any ordinance,
the nature of the offense and the penalty assessed therefor.
[Amended 1-2-1976; 4-7-1977; 4-1-1982; 11-3-1988; 2-6-1992; 1-2-2003 by Ord. No. 8]
A.
At the time of filing of an application for a license pursuant to this article, a fee of $20 shall be paid to defray the cost of the investigation required by § 224-10.
B.
The fees for a license to engage in or conduct the
business of hawking, vending, soliciting and peddling, or of the nature
described in this article, shalt be as follows:
C.
In the event that a license shall be issued for one-half
year or for any length of time less than one-half duration, the fees
shall be one-half the amount set forth above, and upon the expiration
of the duration of time stated in the license, the license shall be
thereafter null and void.
[Amended 11-3-1988; 8-7-1997; 4-8-1999 by Ord. No. 56]
A.
Upon receipt of the application for licensure under
this article by the City Clerk, the duplicate shall be referred to
the Chief of Police, who shall conduct an investigation of the applicant's
business and moral character. The purpose of such licensure is to
safeguard the public health, safety and welfare. Such investigations
shall inquire into the veracity of statements made upon such application
and the applicant's background and character as they relate to the
legal and ethical conduct of business as a peddler, hawker and vendor
and are made for the protection of the public health, safety and welfare.
Such application shall contain impressions of the fingers of the right
and left hand of the applicant for the purpose of obtaining criminal
history records from the New York State Division of Criminal Justice
Services. Such impressions shall be placed upon forms furnished by
the Division of Criminal Justice Services, the impressions to be taken
under the supervision of the Police Bureau. Each applicant shall pay
the fee required by the New York State Division of Criminal Justice
Services for such services, in the form prescribed by the New York
State Division of Criminal Justice Services, and any additional fee
charged by the City of Troy. Fingerprint cards and all appropriate
processing fees shall be sent directly to the New York State Division
of Criminal Justice Services by the Police Bureau.
B.
If, as a result of such investigation, the applicant's
background and character as relates to the legal and ethical conduct
of business as a peddler, hawker or vendor is found to be unsatisfactory
in that the applicant has any prior misdemeanor and/or felony convictions
which directly or indirectly relate to the proposed vending operation
and licensure of such applicant would likely pose a threat to the
public health, safety or welfare, the Chief of Police shall endorse
on such application disapproval and the reasons for such disapproval
in accordance with Correction Law Article 23-a; provided, however,
that the Chief of Police may not disseminate any specific criminal
history record information. The Chief of Police shall then return
the application to the City Clerk, who shall notify the applicant
that the application is disapproved and the reasons therefore.
C.
If, as a result of such investigation, the applicant's
background and character are found to be satisfactory as relates to
the legal and ethical conduct of business as a peddler, hawker and
vendor, the Chief of Police shall endorse on the application approval
of such application and execute a license, on forms supplied by the
City Clerk and addressed to the applicant, for the conduct of the
business of hawking, vending, soliciting and peddling and return such
license along with the duplicate application to the City Clerk who
shall, upon receipt of proof of payment of the fees prescribed in
this article to the City Comptroller, issue and deliver to the applicant
such license.
D.
The Chief of Police shall execute such agreements
with the New York State Division of Criminal Justice Services as are
necessary and required to obtain criminal history records required
by this section, subject to the approval of such agreements by the
Corporation Counsel.
The licenses issued by the Mayor under this
article shall be numbered in the order issued and shall state clearly
and legibly thereon the date of issuance, date of expiration, the
signature of the issuing officer, the name and address of the licensee,
the type and kind of goods to be sold thereunder, description of any
vehicle used in connection with the business and the amount of the
fee paid.
The issuance of a license pursuant to this article
will not constitute permission to hawk, vend, solicit or peddle upon
or within 200 feet of any school, firehouse, public building of any
nature or any privately operated store or business.
A.
Every licensee under this article shall immediately
display such license upon request by the proper and authorized officers
of the Mayor or proper and authorized police officers and keep the
same in the vehicle used in connection with such business, if such
is the case, at all times while the license remains in force.
B.
It shall be unlawful for any person to deface, mutilate,
destroy or in any way alter such license.
Whenever a license issued under this article
shall be lost, destroyed, defaced, or mutilated beyond legibility,
without fault on the part of the licensee, his/her agents, or employees,
a duplicate in lieu thereof under the original application may be
issued by the City Clerk upon payment of a recording fee of $5.
No license issued under the provisions of this
article shall be used at any time by any other person than the one
to whom it was issued.
All hawkers, vendors, solicitors and peddlers
licensed under this article are required to exhibit their City license
at the request of any citizen.
A.
The Mayor or his/her designated official of the City
may, at any time after giving notice to the licensee under this article
and an opportunity to be heard, revoke any license for any false statement
contained in any application for such license, for disorderly conduct,
for selling in any manner any defective merchandise or for the violation
of any rule or law of the United States or City. The Mayor or his/her
designated official shall cause notice of hearing and the reason or
reasons therefor to be served upon the person named in the application
as the licensee. Such service shall be by registered mail with a return
receipt, directed to the licensee at the licensee's address or by
personal service.
B.
The Mayor or his/her designated official may revoke
any license issued pursuant to the terms of this article if the hawking,
vending, soliciting or peddling is in any way carried on in an unsanitary
or unclean manner or, as aforesaid, contrary to any of the provisions
of this article or contrary to any general or special law.
[Adopted 3-5-1981 (Art. III of Ch. 22 of the 1973 Code)]
It is unlawful for a person to carry on the
business of soliciting, buying or dealing in used precious metals
without a license. Used precious metals include articles composed
wholly or in part of gold, silver, platinum, copper and other precious
metals.
The City Clerk is authorized to issue a license
to carry on the business of soliciting, buying and dealing in used
precious metals upon payment to the City of the sum of $75. A license
is valid for the calendar year for which it is issued. No used precious
metals license will be issued to any person under the age of 21.
Every person desiring to procure a license shall
file with the City Clerk an application supplied by that office and
containing the following information:
A.
Name and description of the applicant. Individuals
operating under a trade name shall present a certified copy of the
trade name certificate; a partnership conducting business, whether
or not under a trade name, shall submit a certified copy of the partnership
certificate; and a corporation shall furnish a photostatic copy of
its certificate of incorporation.
B.
A statement as to whether or not applicant has within
the past 10 years been convicted of any crime or violation of any
municipal ordinance. If a prospective applicant has been convicted
of any misdemeanor or felony offense, any decision regarding such
prospective applicant’s fitness for a license must be made upon
consideration of New York State Correction Law §§ 701
to 703-b and §§ 751 to 753. The Troy Police Department
will advise applicant on the LOCAL LAW #4 procedure to submit fingerprints
and fees in the form and manner prescribed by the NYS Division of
Criminal Justice Services. The criminal history supplied by DCJS will
be received and reviewed by the Chief of the Troy Police Department.
[Amended 3-4-2010 by Ord.
No. 3; 4-5-2012 by L.L. No. 4-2012]
C.
The name and address of the owner or owners of the
business premises and the nature of the right of occupancy of the
applicant to the use of said premises.
D.
A corporate applicant shall furnish the name, address
and title of officers of the corporation or designated agent of service
upon whom process or other legal notice may be served.
A.
The City Clerk may, in his/her discretion, after notice
to the licensee and an opportunity for a prompt hearing before the
Commissioner of Public Safety, suspend or revoke a license granted
under this article for cause. No refund of any unearned portion of
the license fee shall be made.
B.
Notice to the licensee by personal service or by registered
mail at the address set forth on the application is sufficient for
the purpose of this section.
A.
Every dealer in used precious metals shall make a
transaction report legibly written in English which shall contain
a description of every used precious metal article purchased, the
number or numbers of said articles, any marks of identification that
may appear on such articles, as well as the name, residence address
and physical description of the person from whom such purchase was
made, the date and time of purchase, the signature of the seller,
and the specific documentation presented by the seller to establish
his or her identity.
B.
Each transaction shall be made upon a separate transaction
report. A copy of each transaction report shall be written by the
dealer and shall be presented upon request to the Chief of Police
or his/her authorized agent.
C.
Every used precious metal dealer shall allow his/her
shop and store, records and all articles of precious metal therein
to be at all times examined by any member of the Police Department
of the City. Any one article purchased by the licensed dealer which
exceeds $100 shall be immediately reported to the City Bureau of Police.
D.
Such licensee shall not purchase any precious metal
articles from persons under the age of 18.
It shall be unlawful for a used precious metals
licensee to purchase used precious metals from any person unless payment
is made with the licensee's check.
No used precious metal licensee shall permit
to be sold any article purchased or received by him/her or his/her
agents until five business days have elapsed. Such articles shall
be kept separate and distinct during the required time lapse.
A.
Every used precious metal dealer shall post in a conspicuous
place, within his/her place of business, the license issued by the
office of the City Clerk.
B.
The daily price upon which the dealer bases his/her
quotation for gold and silver shall be clearly displayed in Arabic
numbers in such a manner that the public will be informed.
No licensee shall have his/her shop or store
open for the transaction of business, nor shall he/she purchase any
used precious metal from persons, other than other licensed dealers,
between the hours of 10:00 p.m. and 7:00 a.m.
A violation of a provision of this article is
a Class A misdemeanor as defined and punishable as provided in § 55.10,
subdivision 2(b) of the Penal Law of the State of New York.
